Adoption and Parental Rights in India

Adoption is a process by which a person or couple assumes the legal rights and responsibilities of a child born to another. In India, adoption holds cultural, social, and legal significance, with various laws governing the process to ensure the child’s welfare and the protection of parental rights. India has made considerable strides in the regulation of adoption, yet complexities still exist in ensuring the child’s well-being and securing parental rights.

In this article, we will delve into the legal landscape of adoption in India, the rights of adoptive parents, the procedures involved, and the challenges faced. We will also explore the statistics and facts related to adoption and parental rights.

The Legal Framework for Adoption in India

Adoption in India is governed by multiple laws, each applicable to different sections of society. The primary legal frameworks are:

1. The Hindu Adoption and Maintenance Act (HAMA), 1956

This law applies to Hindus, Buddhists, Jains, and Sikhs. Under HAMA, adoption is allowed for both minors and adults, but the adoption of an adult requires the consent of both parties involved.

Key provisions under HAMA:

●        The adopted child becomes the child of the adoptive parents, severing all ties with the biological family.

●        The adoptive child is entitled to inherit property from the adoptive parents.

●        Only a married couple or a single person can adopt under HAMA.

●        A single man can adopt a female child, and a single woman can adopt a male child.

2. The Juvenile Justice (Care and Protection of Children) Act, 2015

The Juvenile Justice Act governs the adoption process for children who are orphaned, abandoned, or surrendered. It ensures that adoption is done in the best interests of the child, and that children are placed in adoptive homes after a careful vetting process.

Key points under the Juvenile Justice Act:

●        Central Adoption Resource Authority (CARA), a body under the Ministry of Women and Child Development, facilitates the adoption process.

●        Children above the age of 18 months are eligible for adoption under this law.

●        Adoption is open for both domestic and international adoptions.

●        The child’s welfare is paramount, and adoption is considered a last resort after attempts for family reintegration have been exhausted.

3. The Special Marriage Act, 1954

This law enables people from different religions, ethnicities, and communities to marry. Under this Act, individuals can also adopt children as long as they meet the requirements set by the Juvenile Justice Act and other related laws.

The Adoption Process in India

The adoption process in India, although regulated, can sometimes be cumbersome and emotionally taxing. The process typically involves the following steps:

1. Registration with CARA

The first step is to register with the Central Adoption Resource Authority (CARA), which acts as the central agency for adoption. Both domestic and international prospective adoptive parents must be registered with CARA.

2. Home Study and Counseling

Once registered, a social worker conducts a home study, assessing the suitability of the prospective parents. The process includes counseling sessions to ensure that adoptive parents are fully prepared for the challenges of adoption.

3. Referral and Match

After the home study, prospective adoptive parents are referred to children who are available for adoption. A match is made based on factors such as the child’s age, health, and the family’s preferences.

4. Legal Procedure and Finalization

Once a match is made, the adoption is legalized by a court of law. The court ensures that all conditions and procedures have been followed and issues a final adoption order. The child is then legally considered the child of the adoptive parents.

Rights of Adoptive Parents

Adoptive parents in India enjoy a number of legal rights, though these rights are governed by various statutory frameworks. Some of the key rights include:

1. Legal Parent-Child Relationship

Once an adoption is finalized, the adoptive parents have the same legal rights as biological parents. The child inherits property from the adoptive parents and is entitled to care, maintenance, and support.

2. Right to Custody and Guardianship

Adoptive parents have the right to custody of the child once the adoption is legalized. They also assume full responsibility for the child’s welfare, including education, health, and emotional support.

3. Protection from Interference

The law protects adoptive parents from any interference by the biological parents or others once the adoption is finalized. In cases of disputes, the law prioritizes the child’s welfare and may intervene accordingly.

4. Inheritance Rights

An adopted child has the right to inherit property from the adoptive parents, which includes both movable and immovable property. The inheritance rights are the same as those of a biological child under Indian law.

Statistics and Facts about Adoption in India

Adoption in India is a gradual process, with a significant rise in the number of children being adopted over the years. Some facts and statistics about adoption in India are:

●        Adoption of Children in India: According to the Ministry of Women and Child Development, there were over 6,000 adoptions in 2022 under the Juvenile Justice Act.

●        Gender Disparity: Data from CARA shows that the majority of adopted children are female, although there has been a gradual increase in the adoption of male children as well.

●        International Adoptions: A significant number of adoptions are international, with countries such as the United States, Canada, and France being prominent adopters. However, international adoptions have decreased over the years due to stricter regulations.

●        State-wise Variation: Adoption rates vary widely across India. States such as Kerala and Tamil Nadu have higher adoption rates, while adoption is relatively less common in states like Uttar Pradesh and Bihar.

Challenges in Adoption and Parental Rights

Despite the progressive framework for adoption in India, several challenges persist, particularly regarding parental rights and the adoption process itself. These include:

1. Delays and Bureaucratic Hurdles

The adoption process can be long and tedious, with waiting times often stretching over months or even years. The extensive documentation and procedural requirements, though meant to ensure the child’s welfare, can lead to significant delays.

2. Awareness and Cultural Barriers

In many parts of India, adoption is still viewed with skepticism or as a taboo subject. Families may hesitate to adopt due to societal pressure or lack of awareness about the process. Misconceptions about adopted children not being "real" children can hinder the adoption rate.

3. Child Trafficking Concerns

The adoption process in India is highly regulated to prevent the exploitation of children, yet there have been instances of child trafficking. To address this, CARA and other child welfare organizations are continuously working to tighten regulations and ensure the safety of children.

4. Parental Rights in Cross-Cultural Adoptions

International adoptions, though increasingly popular, often raise concerns regarding the cultural identity and heritage of the child. There are ongoing debates about the impact of cross-cultural adoptions on the child’s emotional and psychological development.

Conclusion

Adoption in India is governed by a robust legal framework that prioritizes the child’s welfare while safeguarding the rights of adoptive parents. While the process has become more streamlined and accessible, challenges such as bureaucratic delays, cultural resistance, and child trafficking remain significant. Adoption has been recognized as a crucial means to ensure the well-being of children, particularly those who are orphaned or abandoned.

The increasing number of adoptions in India and the expanding role of CARA and other agencies signify a growing awareness of the importance of adoption in providing children with loving and supportive homes. In the years to come, it is hoped that adoption practices will become even more inclusive and efficient, benefiting children and adoptive families alike.

The growth of adoption as a legal and social practice will continue to empower adoptive parents with the rights and responsibilities they deserve, while helping children across India find loving homes where they can thrive.